Delhi High Court
Criminal Procedure and EvidenceAdministrative and Public Law

Defence evidence may be narrowly reopened to secure relevant official police records.

Alok Kumar Singh vs State Of Nct Of Delhi

Delhi High CourtJUDGMENT: September 21, 20262 MIN READSOURCE JUDGMENT
Defence evidence may be narrowly reopened to secure relevant official police records.. Alok Kumar Singh vs State Of Nct Of Delhi. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged the Trial Court’s order dated 9 September 2026, which dismissed his fresh application under Section 91 Cr.P.C. and closed his defence evidence.

Source reference: p.1, para. 1

He sought a limited opportunity to summon a competent police/PCR/ERSS official and obtain the official record for Event ID 6982371, dated 8 May 2023, concerning an earlier neighbour dispute; the event details had been identified through RTI information.

Source reference: pp. 2–3, paras. 2–6, 11

The petitioner stated that an earlier application contained an incorrect diary/DD number, was withdrawn with leave to file afresh, and that the relevant official was already named in his defence witness list.

Source reference: pp. 3–4, paras. 7–13

The State raised no objection to the petition.

Source reference: p. 5, para. 19
02

Issues

1. Whether the Trial Court’s dismissal of the fresh Section 91 Cr.P.C. application and closure of defence evidence should be set aside to permit production of the specified police/PCR/ERSS record.

Source reference: pp. 1, 5, paras. 1, 15, 20

2. Whether the petitioner should receive a limited opportunity to summon the competent official and conclude his defence evidence, subject to restrictions on adjournments.

Source reference: p. 5, para. 20; p. 6, para. 21
03

Law Applied

Section 91 Cr.P.C. provides for a court to summon documents or other things considered necessary or desirable for an investigation, inquiry, trial, or other proceeding.

Source reference: p. 1, para. 1

Section 482 Cr.P.C. preserves the High Court’s inherent power to make orders necessary to give effect to the Code, prevent abuse of process, or secure the ends of justice; Article 227 of the Constitution confers supervisory jurisdiction over subordinate courts.

Source reference: p. 5, para. 20; p. 6, paras. 21–22

The Court applied these provisions to grant limited relief in the interests of justice, without reopening the trial generally or allowing an unrestricted opportunity to lead evidence.

Source reference: p. 5, para. 20; p. 6, paras. 21–22

No precedent was cited.

Source reference: no citation
04

Reasoning

The Court considered that the requested record was identified by an Event ID and date, the petitioner had explained the incorrect identifying particulars in his earlier application, and the proposed official was already included in the defence witness list.

Source reference: pp. 2–4, paras. 2–13

Given the State’s lack of objection and the existing witness list, the Court found that the interests of justice would be met by allowing the petition on a confined basis.

Source reference: p. 5, para. 20

To balance that opportunity against further delay, it limited the restored defence evidence to what was necessary for the Section 91 application and required the petitioner to conclude his evidence within one day without seeking an adjournment.

Source reference: p. 6, para. 21
05

Holding

The High Court allowed and disposed of the petition.

It set aside the 9 September 2026 order insofar as it dismissed the fresh Section 91 Cr.P.C. application and closed the defence evidence, restored the defence evidence to the limited extent necessary, and permitted the petitioner to summon the competent police/PCR/ERSS official to produce the record relating to Event ID 6982371 dated 8 May 2023.

Source reference: p. 6, paras. 21–23

The petitioner was directed to conclude his defence evidence within one day and not seek an adjournment.

Source reference: p. 6, paras. 21–23
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19732

Delhi High Court

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Alok Kumar SinghvsState Of Nct Of Delhi

Delhi High Court · September 21, 2026

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